Bill Summary – FastDemocracy

General Assembly                        Raised Bill No. 5478
       February Session, 2020                 LCO No. 2692
     Referred to Committee on PLANNING AND DEVELOPMENT
     Introduced by:
       (PD)
 AN ACT CONCERNING A SPECIAL TAXING DISTRICT WITHIN THE
 CITY OF WEST HAVEN.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. (Effective from passage) (a) For the purposes of this section:
      (1) "District" means that certain real property, situated in the City of
   West Haven, County of New Haven and the State of Connecticut, West
   Haven Special Improvement District, a body politic and corporate,
   consisting of the area bounded and described as follows: Beginning at a
   point located on the southerly side of Elm Street and at the northeasterly
   corner of lands now or formerly of SZS Enterprises, LLC, said point
   being the northwesterly corner of the parcel described in this section;
   thence running N6423'05"E a distance of 752.16 feet along the southerly
   street line of Elm Street to the mean high water line of New Haven
   Harbor; thence running in a southerly direction a distance of 1,951.3 feet
   along the mean high water line of New Haven Harbor to the
   northeasterly corner of lands now or formerly of Bayview
   Condominiums; thence running S6627'52"W a distance of 263.4 feet
   along the northerly line of lands now or formerly of Bayview
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 Condominiums to the easterly street line of Bayview Place; thence
 running S6627'52"W a distance of 50 feet crossing Bayview Place to the
 westerly street line of Bayview Place; thence running S2332'08"E a
 distance of 104.6 feet along the westerly street line of Bayview Place to
 lands now or formerly of Christopher W. and Bonnie A. Jones; thence
 running S6706'19"W a distance of 143 feet along the northerly line of
 lands now or formerly of Christopher W. and Bonnie A. Jones to a point;
 thence running S2332'08"E a distance of 5.32 feet to lands now or
 formerly of Brittany M. Shaw; thence running S6605'44"W a distance of
 144.19 feet to the easterly street line of First Avenue; thence running
 N2414'02"W a distance of 280.93 feet along the easterly street line of
 First Avenue to a point; thence running N3418'02"W a distance of
 1,293.57 feet along the easterly street line of First Avenue to the
 southerly line of lands now or formerly of SZS Enterprises, LLC; thence
 running N3606'22"W a distance of 100 feet along lands now or formerly
 of SZS Enterprises, LLC, to the point and place of the beginning. The
 parcel described in this section contains 1,142,714 square feet or 26.233
 acres of land. The project boundaries shall also include any off-site
 locations mandated by any permitting agency for improvements
 associated with the project's traffic management requirements.
    (2) "Voter" means (A) any person who is an elector of the district, (B)
 any citizen of the United States of the age of eighteen years or more who,
 jointly or severally, is liable to the district for taxes assessed against such
 citizen on an assessment of not less than one thousand dollars on the
 last-completed grand list of such district, as the case may be, or who
 would be so liable if not entitled to an exemption under subdivision (17),
 (19), (22), (23) or (26) of section 12-81 of the general statutes, or (C) any
 holder of record of an interest in real property within the district.
    (3) "Holder of record of an interest in real property" means an owner
 of a fee simple interest in such property.
    (b) (1) Upon the petition of fifteen or more persons eligible to vote in
 the city of West Haven, specifying the district for any or all of the
 purposes set forth in this section, the mayor of such city shall call a
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 meeting of the voters to act upon such petition, which meeting shall be
 held at such place within such city and such hour as the mayor
 designates, not later than thirty days after such petition has been
 received by the mayor. Such meeting shall be called by publication of a
 written notice of the same, signed by the mayor, at least fourteen days
 before the time fixed for such meeting in two successive issues of a
 newspaper published or circulated in such city. Not later than twenty-
 four hours before such meeting, (A) two hundred or more voters or ten
 per cent of the total number of voters of such proposed district,
 whichever is less, may petition the mayor, in writing, for a referendum
 of the voters of such proposed district, or (B) the mayor in his or her
 discretion may order a referendum of the voters of such proposed
 district, on the sole question of whether the proposed district should be
 established. Any such referendum shall be held not less than seven or
 more than fourteen days after the receipt of such petition or the date of
 such order, on a day to be set by the mayor for a vote by paper ballots
 or by a "yes" or "no" vote on the voting machines, during the hours
 between twelve o'clock noon and eight o'clock p.m.; except that such
 city may, by vote of its city council, provide for an earlier hour for
 opening the polls but not earlier than six o'clock a.m., notwithstanding
 the provisions of any special act. If voters representing at least two-
 thirds of the assessments of holders of record within the proposed
 district cast votes in such referendum in favor of establishing the
 proposed district, the mayor shall reconvene such meeting not later than
 seven days after the day on which the referendum is held. Upon
 approval of the petition for the proposed district by voters representing
 at least two-thirds of the assessments of holders of record within the
 proposed district present at such meeting, or if a referendum is held,
 upon the reconvening of such meeting after the referendum, the voters
 may name the district and, upon the vote of voters representing a
 majority of assessments of holders of record within the proposed
 district, choose necessary officers therefor to hold office until the first
 annual meeting thereof; and the district shall, upon the filing of the first
 report filed in the manner provided in subsection (c) of section 7-325 of
 the general statutes, thereupon be a body corporate and politic and have
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 the powers provided in sections 7-324 to 7-329, inclusive, of the general
 statutes, not inconsistent with the general statutes or this section, in
 relation to the objects for which it was established, that are necessary for
 the accomplishment of such objects, including the power to lay and
 collect taxes. The clerk of such district shall cause its name and a
 description of its territorial limits and of any additions that may be made
 thereto to be recorded in, and a caveat be placed upon, the land records
 of the city of West Haven.
    (2) At the meeting called for the purpose of establishing the district
 as provided in subdivision (1) of this subsection, the voters may
 establish the district for any or all of the following purposes: To
 extinguish fires, to light streets, to plant and care for shade and
 ornamental trees, to plan, lay out, acquire, construct, maintain and
 finance roads, sidewalks, crosswalks, drains, sewers and sewage
 treatment facilities, parking facilities, open space, bulkhead repairs,
 environmental remediation and other public and private infrastructure
 improvements, including related site preparation and demolition costs,
 to acquire, construct, maintain and regulate the use of recreational
 facilities, parks, playgrounds and public artwork, to plan, lay out,
 acquire, construct, reconstruct, repair, maintain, supervise and manage
 a flood or erosion control system, to plan, lay out, acquire, construct,
 maintain, operate, finance and regulate the use of a community water
 system, all as referred to in this section as the "improvements". The
 district may acquire, operate, maintain, repair and replace the
 improvements and may contract with a town, city, borough or other
 district for carrying out any of the purposes or the purchase or sale of
 any of the improvements for which such district was established. Any
 transfer to the district of real property and the improvements related to
 such real property shall be deemed development for municipal
 purposes and shall be expressly excluded from the purposes for which
 a subdivision, as defined in section 8-18 of the general statutes, may be
 made.
    (3) At the meeting called for the purpose of establishing the district
 as provided in subdivision (1) of this subsection, the voters shall fix the
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 date of the annual meeting of the voters for the election of district
 officers and the transaction of such other business as may properly come
 before such annual meeting. At such organizational meeting of the
 district, the voters shall elect five directors and four officers as follows:
 A president, a vice-president, a clerk and a treasurer; provided, upon its
 organization and at all times thereafter, one director may be appointed
 by the mayor of the city of West Haven. The directors not appointed by
 the mayor shall be elected to serve for terms of one, two, three and four
 years, respectively, and thereafter at the annual meeting such directors,
 as each term ends, shall be elected to serve for a term of four years. Not
 less than three members of the board of directors shall be residents of
 the state of Connecticut. Subject to the provisions of subdivision (4) of
 this subsection, not fewer than fifteen voters of the district shall
 constitute a quorum for the transaction of business at such
 organizational meeting of the district; and if fifteen voters are not
 present at such meeting, the mayor may adjourn such meeting from
 time to time, until at least fifteen voters are present. Special meetings of
 the district may be called on the application of ten per cent of the total
 number of voters of such district or twenty of the voters of such district,
 whichever is less, or by the president or any three directors upon giving
 notice as provided in this section. Any special meeting called on the
 application of the voters shall be held not later than twenty-one days
 after receiving such application. Notice of the holding of the annual
 meeting and all special meetings shall be given by publication of a notice
 of such meetings in a newspaper having a general circulation in such
 district at least ten days before the day of such meetings, signed by the
 president or any three directors, which notice shall designate the time
 and place of such meetings and the business to be transacted at such
 meetings. Two hundred or more persons or ten per cent of the total
 number of voters of such district, whichever is less, may petition the
 clerk of such district, in writing, at least twenty-four hours prior to any
 such meeting, requesting that any item or items on the call of such
 meeting be submitted to the voters not less than seven or more than
 fourteen days thereafter, on a day to be set by the district meeting or, if
 the district meeting does not set a date, by the board of directors, or a
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 vote by paper ballots or by a "yes" or "no" vote on the voting machines,
 during the hours between twelve o'clock noon and eight o'clock p.m.,
 except that any district may, by vote of its board of directors, provide
 for an earlier hour for opening the polls but not earlier than six o'clock
 a.m. The paper ballots or voting machine ballot labels, as the case may
 be, shall be provided by the clerk. When such a petition has been filed
 with the clerk, the president, after completion of other business and after
 reasonable discussion, shall adjourn such meeting and order such vote
 on such item or items in accordance with the petition; and any item so
 voted may be rescinded in the same manner. The clerk shall phrase such
 item or items in a form suitable for printing on such paper ballots or
 ballot labels. Subject to the provisions of subdivision (4) of this
 subsection, not fewer than fifteen voters of the district shall constitute a
 quorum for the transaction of business at any meeting of the district;
 and if fifteen voters are not present at such meeting, the president of the
 district or, in such president's absence, the vice-president, may adjourn
 such meeting from time to time, until at least fifteen voters are present;
 and all meetings of the district where a quorum is present may be
 adjourned from time to time by a vote of a majority of the voters voting
 on the question. At any annual or special meeting, the voters may, by a
 majority vote of those present, discontinue any purposes for which the
 district is established or undertake any additional purpose or purposes
 enumerated in subdivision (2) of this subsection.
    (4) (A) A quorum for the transaction of business at the meeting called
 for the purpose of establishing the district, as provided in subdivision
 (1) of this subsection, shall be either fifteen voters of such district or a
 majority of the holders of record of interests in real property within such
 district, as long as the assessments of such holders of record constitute
 more than one-half of the total of assessments for all interests in real
 property within such district. If fifteen voters or a majority of the holders
 of record of interests in real property within such district are not present
 at such meeting or the assessments of such holders of record constitute
 less than one-half of the total of assessments for all interests in real
 property within such district, the mayor may adjourn such meeting,
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 from time to time, until at least fifteen voters or a majority of the holders
 of record of interests in real property within such district are present
 and the assessments of such holders of record constitute more than one-
 half of the total of assessments for all interests in real property within
 such district.
    (B) For the transaction of business at any meeting of the district other
 than a meeting described in subparagraph (A) of this subdivision, a
 quorum shall be either fifteen voters of the district or a majority of the
 holders of record of interests in real property within such district, as
 long as the assessments for such holders of record constitute more than
 one-half of the total of assessments for all interests in real property
 within such district. At any meeting of the district other than a meeting
 described in subparagraph (A) of this subdivision, each holder of record
 of an interest in real property shall be entitled to cast one vote for each
 interest in real property that it owns within the district, except as
 provided in subparagraph (B) of subdivision (1) of subsection (d) of this
 section. All actions, resolutions and proceedings at such meeting at
 which a quorum is present shall require a majority vote, each, of (i) the
 voters of the district present and voting, and (ii) the holders of record of
 interests in real property within the district representing at least one-
 half of the assessments of all holders of record of interests in real
 property within the district, present and voting; provided, the
 provisions of this sentence may be amended at an annual or special
 meeting of the district at which a quorum is present only upon a
 majority vote, each, of (I) all of the voters of the district, and (b) all of the
 holders of record of interests in real property within the district
 representing at least two-thirds of the assessments of all holders of
 record of interests in real property within the district. For the purpose
 of determining a holder of record of an interest in real property within
 the district as used in this subdivision (B), such term shall mean an
 owner of a fee simple interest in such real property. If fifteen voters or a
 majority of the holders of record of interests in real property within such
 district are not present at such meeting or the assessments of such
 holders of record constitute less than one-half of the total assessments
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 for all interests in real property within such district, the president of the
 district, or in such president's absence, the vice-president, may adjourn
 such meeting, from time to time, until at least fifteen voters